This agreement sets out the Terms and Conditions (“T’s & C’s”) of your enrolment with Cluey Learning (NZ) Pty Ltd (“Cluey” or “We”).
To enter this agreement, you must be 15 years of age or older.
If you are under 15 years of age, you will need one of your parents/legal guardians to enter this agreement on your behalf. In that case, both you and your parents/legal guardians will need to ensure compliance with the T’s & C’s. Following, “you” and “your” will then refer to both you and, where applicable, your parents/legal guardians.
Our commitment to you:
We’ll always do our best to fulfil your needs and meet your expectations. It’s important to have things clarified so that we both know who is responsible for what, when and how.
We like to keep things simple. We have no desire to get you to commit to anything you really don’t want or need. We want what’s best for both of us, now and in the future.
So, in summary:
You have expressed the need for academic assistance that is specifically designed to meet your individual needs.
- Provide you with an online learning program which may be varied from time-to-time aimed at supporting your academic needs (“Service”) that includes:
- the provision of an adaptive learning plan incorporating a course or program of learning
- allocation of a Cluey specialist tutor/s matched to your needs
- access to the Cluey learning platform and content specifically designed to meet your learning objectives
- an ongoing course or program of learning including a live online session with a tutor (“Session”)
- setting of learning goals and the provision of feedback and reporting as part of the Session
- Maintain the confidential nature of your personal information, academic performance and use of the Cluey platform, subject to your consent below.
- Notify you of any changes to fees charged by Cluey for its services. You are under no obligation to accept such fee changes, and should you elect not to accept such fee changes you may cancel your enrolment.
- Need access to a computer with the latest version of the browser, a camera and microphone, and reasonable internet access. Further details can be found at https://clueylearning.co.nz/support/
- Run a test on your computer as requested by Cluey to determine suitability and internet sufficiency at that point in time. If any technical issues are detected, Cluey Technical Support is available to provide assistance in diagnosing and remediating those issues. This may involve connecting to your computer to assist in resolving the technical issue. Any such connection will only ever occur with explicit approval from the user of the computer and will be for the purposes of providing you with access to the Cluey learning platform.
- Be required to attend each Session on the date and time that you have booked, noting that each Session can be changed by you prior to any Session commencing, subject to the specific cancellation notice periods published on the Cluey website. Failure to attend and/or not providing the required minimum cancellation notice means that you will be charged a session cancellation fee for that Session per the Service Fees page as published on Cluey’s website.
- From time to time, be assigned additional work (“Practice”) to be completed between each Session and you agree to use your best endeavours to complete this Practice as requested.
- Pay for the Session at least seven days prior to the scheduled Session date as published on Cluey’s website. Failure to do so means that Cluey will not provide the Session or Service. The Session fee should be paid in accordance with the selected ‘pre-paid bundle’ package or ‘Pay as you go’ rates and the selected payment methods as set out on Cluey's website. Where you cancel a pre-paid bundle package before you complete the committed number of sessions, you will not be entitled to a refund. Commitments for the first two sessions of each new enrolment will not be refundable if the session is cancelled by you. This is to recover the costs associated with setting up your learning program and securing your tutor.
- Only communicate with your Cluey tutor/s through the Cluey learning platform and communication systems.
- Comply with Cluey’s policies and procedures as updated by Cluey from time to time. This includes you consenting to Cluey:
- recording and reviewing each Session for the purpose of quality assurance, internal training and to allow you to review any previous Session
- recording all data from Sessions and the Cluey learning platform for the purpose of:
- diagnosing your current proficiency and learning requirements
- assessing and reporting on your academic performance and progress
- updating the Cluey adaptive learning platform
- use in educational research
- Respect the fact that Cluey has invested significantly in the development and curation of the learning content hosted on the Cluey learning platform. This content is only to be used by you and you undertake not to provide access to this content to any third parties.
- The content displayed in our sessions may be subject to copyright. It is unlawful to distribute content subject to copyright without authorisation from the copyright holder.
What happens if things don’t go according to plan?
We will always try to deliver our Service in accordance with good industry practice and at the standard reasonably expected from a qualified tutor using our platform and content. That said, we can’t guarantee that everything will be error-free. The very nature of the provision of online services means that Cluey and you are dependent on hardware and software as well as stable and sufficient internet bandwidth. So, as hard as we might try, sometimes things don’t work out exactly as planned. We always put our students first and we commit to you that:
- If time is lost during one of your Sessions due to the late arrival of our tutor or due to technical issues with the Cluey learning platform, Cluey will compensate you for the loss of time by rescheduling a Session to another date and time that is agreed between you and the tutor to make up for such loss or provide you with a proportional credit.
- Cluey will investigate any concerns that you may have about the quality of a Session. If Cluey finds that the quality of the Session was significantly below the standard expected by Cluey, Cluey will fully credit you for the cost of that Session.
- If a tutor cancels a Session, Cluey will try to provide you with another tutor with similar qualifications and experience. If Cluey is unable to provide a replacement tutor at the scheduled Session time, Cluey will try to provide you with an alternative Session at a time that is convenient for you.
- You or Cluey may cancel your enrolment with Cluey at any time and for any reason by providing notice in accordance with the specific cancellation notice periods published on the Cluey website and the Cluey Refund Policy and Procedure. In such case, you will have no further financial obligations to Cluey and Cluey will have no further obligations to provide Services to you.
The results of using Cluey’s services may vary and depend upon a range of factors including for reasons that are personal to you. Cluey does not guarantee that use of the Service will lead to an improvement in academic performance or results. To the full extent permitted by law, you will hold Cluey blameless for any act or omission relating to the Service and you will indemnify Cluey from any dispute, action, claim or proceedings relating to the provision of the Service to you and Cluey will not be responsible for any losses or damages.
These T’s&C’s can only be varied by agreement between you and Cluey in writing. However, Cluey may, from time to time and within its absolute discretion, vary the policies, procedures and website information that are referenced here in these T’s&C’s. If these T’s&C’s are accepted, the resultant agreement and any dispute arising in relation to it are governed by the laws of New Zealand.